Many desperate cases of vulnerable people who can’t afford legal representation are facing long jail terms or losing their lands which is life threatening as the country stares to a legal abyss.
Many NGOs that used to handle pro bono matters for poor Kenyans have folded due to the high costs involved in hiring Lawyers.
Millions of Kenyans have always assumed that Pro bono is a free legal service where a lawyer will not charge you if they represent you in a case.
But, according to Investopedia, Pro bono refers to professional legal services that are provided for free or at a lower cost.
All lawyers are required to handle a particular number of Pro Bono briefs per year.
According to the practice directions relating to pauper briefs scheme and pro bono Services issued in 2016, Prob bono services shall be offered in the Supreme Court, court of Appeal, High court and magistrate courts.
According to the rules the services shall be offered in Capital offences and cases of children in conflict with the law in the magistrate court.
The lawyers picked by the panel will each be paid Sh 30,000 by the Judiciary to cover the costs of the case.
The Pro bono committee chaired by the registrar, deputy registrar or head of station and the member shall include court administrator, a representative of the LSK and two nominees of the court users committee who will allocate the pro bono briefs.
Advocates who the pro-bono briefs have to apply to the committee using a standard application form then they will be selected.
However, there are no guide lines issued by LSK on Pro bono so each lawyers use their parameters to charge clients for pro bono
Speaking to the Court Helicopter, a lawyer who did not want to be identified said it’s high time LSK provides proper guidelines that will protect the poor citizens
The advocate added that there is a misconception that Pro bono means free legal service but that is far from the truth.
